PLJ 2000 Supreme Court 1812

MANAGING DIRECTOR, SUI SOUTHERN GAS CO. LTD. V e r s u s SALEEM MUSTAFA SHAIKH and others
Judge Name: MUHAMMAD BASHIR JEHANGIRI AND ABDUR REHMAN KHAN Judgment Result: Leave refused. Other Law Journal References: -rr. 6.1, 6.2 & 6.3-constitution of Pakistan (1973), art. 212(3)-order of termination of service of respondents passed by petitioner (authority) was set aside by service tribunal with direction to issue letter of absorption in career executive cadre of respondent in petitioner company-validity-petitioner’s plea that sui southern Gas company limited (executive service) rules, 1982, being not statutory rules, service tribunal had no jurisdiction to order reinstatement of respondents; such plea was of no avail to petitioner in that, factum of rules being statutory or non-statutory would not debar service tribunal to enforce the same as that point would be relevant in cases of exercise of writ jurisdiction because there the violation of statutory rules was prerequisite for issuance of writ-even otherwise, under the principle of general law of estoppel, petitioner could not be allowed to object to invocation of rules by respondents and similarly they could not be permitted to violate and dishonour their commitments-no reason whatsoever was assigned in termination order-plea of time barred appeal having not been taken before service tribunal could not be allowed to be taken at the stage of arguments before supreme court-petitioner’s contention, that service tribunal had exceeded its jurisdiction and that it could not direct petitioner to issue letter of absorption of respondent was misconceived in that, service tribunal had given such direction n the context of termination order and it had not determined fitness or otherwise of respondent to be appointed or hold any particular post-service tribunal had positively maintained that respondent was discriminated as others similarly placed had been absolved and regularised-petitioner could not rebut such finding of service tribunal-there being no flaw in the judgment in Service Tribunal, leave to appeal was refused.

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